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Contract Law Update 2016
Insight 15 Mar 2017

When is a person bound by their e-signature When does a breach of contract constitute a repudiation of that contract When does an exchange of correspondence give rise to a binding contract What is the latest on penalties These were some of the contract law issues considered by appellate courts ...

ALRC Final Report: 'Serious Invasions of Privacy in the Digital Era'
Insight 10 Sep 2014

The Australian Law Reform Commission has released its long-anticipated final report on serious invasions of privacy The report proposes that a new statutory cause of action be implemented in a new stand-alone Commonwealth Act If adopted the proposal would have far reaching ramifications for ...

Court takes an expansive view of threshold requirement for class actions against multiple respondents
Insight 08 Sep 2014

A representative proceeding can only be commenced where seven or more group members have claims against the same person In proceedings with multiple respondents there has been conflicting authority as to whether each group member is required to have a claim against each respondent Last week in Cash ...

Website-blocking injunctions to prevent online piracy
Insight 14 Apr 2015

In an effort to reduce the rate of online copyright infringement the Australian Government has introduced a Bill that will allow copyright owners to apply for an injunction requiring internet service providers to take steps to block piracy websites from their users Senior Associate Jonathan ...

Full Federal Court blocks US depositions for Australian class action
Insight 18 Apr 2016

The Full Federal Court has ordered an anti-suit injunction against the applicant and a group member in the Treasury Wine Estates shareholder class action preventing the taking of oral depositions from US-based employees under US court procedures Partner Duncan Travis and Associate Michela Agnoletti ...

Class action and litigation funding review - ALRC grapples with thorny issues
Insight 06 Jun 2018

As part of its current inquiry into class actions and litigation funders the Australian Law Reform Commission has released a discussion paper that is a timely contribution to the long-running debate on the appropriate regulation of class action proceedings and litigation funding In general it ...

School chaplaincy program remains out of bounds of federal power
Insight 26 Jun 2014

In a decision that has potential implications for a raft of Federal Government programs the High Court held that legislation passed to authorise hundreds of government funding arrangements is invalid insofar as it relates to the national schools chaplaincy program The decision once again confirms ...

Media control and ownership: (re)starting the discussion
Insight 13 Jun 2014

A policy background paper on media control and ownership released by the federal Department of Communications aims to restart the discussion on media law reform The paper does not draw conclusions or make recommendations but adopts a deregulatory tone Partner Ian McGill Senior Associate Matt Vitins ...

Fact sheet: What price to pay for social media in the workplace?
Insight 24 Jun 2015

Theres an assumption that everyone is on social media these days even when theyre at work - and they probably are Many startups embrace social media but as an employer you will need to understand and manage the risks that come with the use of social media in the workplace ...

Further guidance on promoter penalty provisions
Insight 27 Feb 2015

The Federal Court has recently had another opportunity to consider the application of the promoter penalty provisions in the Taxation Administration Act The Federal Courts recent decision indicates that the promotion of schemes that are clear and deliberate tax exploitation schemes will result in ...

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